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BVR Terms and Conditions

Introduction
 
Rules for Renters
 
  2.1. How to Use the Site
  2.2.Using the BVR Booking Engine
  2.3. Online Bidding
        2.3.1.BVR is Not an Auctioneer
        2.3.2.Bidder Guidelines
        2.3.3.Median Retail Price
        2.3.4.Binding Contract
        2.3.5 Retracting a Bid
        2.3.6.Property Accommodations
        2.3.7. No Shill Bidding
  2.4. Confirmation of Your Reservation
  2.5. Accessing Your Booked Property
  2.6. Must be 21 Years of Age
  2.7. Check In
  2.8. Late Arrival and Failure to Check-in on First Night
  2.9. Disability Needs
  2.10. Special Requests for Property Accommodations
  2.11. Frequent Traveler Points
  2.12. Property Reviews
  2.13. Prices
  2.14. Pricing Errors
  2.15. Payments
  2.16. Charges for Taxes and Service Fees
  2.17. Security Deposit and Responsibility for Damages
  2.18. Cancellations
  2.19. Condition of Property
  2.20. International Travel: Passports, Visas, and Hazards
 
Rules for Property Representatives
 
  3.1. BVR Listing and Reservation Services
  3.2. Facilitation
  3.3. Subscriber Eligibility.
  3.4. Subscriptions.
         3.4.1. Types of Subscriptions
         3.4.2. Fees
         3.4.3. Subscription Payments
         3.4.1. Types of Subscriptions
         3.4.4. Automatic Renewal of Subscriptions
         3.4.5. Change in BVR Rates
         3.4.6. Requests for Refund of Subscription
  3.5. Booking Engine and Booking Agents
  3.6. Online Bidding
        3.6.1. BVR is Not an Auctioneer
        3.6.2. Guidelines for Participating in Online Bidding
        3.6.3. Binding Contract
        3.6.4. No Shill Bidding
  3.7. Rates and Reservations
        3.7.1. Confirming Reservations
        3.7.2. Accommodation of Reservations.
        3.7.3. Pre-Reservations
        3.7.4. Additions to Renter’s Reservation
        3.7.5. Parity Obligation/Rates
        3.7.6. Additional Fees
        3.7.7. Taxes
        3.7.8. Authorization to Collect Booking Fees
        3.7.9. Handling of Rental Income
        3.7.10. Disputed Charges
        3.7.11. Unauthorized Payments
  3.8. Cancellations
  3.9. Accuracy of Property Listing.
  3.10. Access to Property
  3.11. Property Conditions
        3.11.1. Housekeeping.
        3.11.2. Maintenance and Repairs.
        3.11.3. Utilities.
        3.11.4. Operating License.
        3.11.5. Notification of Entry.
        3.11.6. Renter Dissatisfaction with Property.
        3.11.7. Listed Property Under Construction
        3.11.8. Legal Requirements Applicable to Rental Properties
        3.11.9. BVR’s Right to Inspect Listed Property
  3.12. Damages to Your Property
        3.12.1. Renter is Solely Responsible
        3.12.2. Damage Claims
        3.12.3. Inherent Risk
        3.12.4. Insurance
  3.13. Force Majeure/Inability to Honor Reservations:
  3.14. Listing Guidelines
        3.14.1. You are Responsible for Your Listing
        3.14.2. Accuracy of Contact Information
        3.14.3. Content, Layout and Copy.
        3.14.4. Content Guidelines
        3.14.5. Photographs
        3.14.6. One Listing for One Property
        3.14.7. Advertising More Than One Property
        3.14.8. No Substitution of Properties
        3.14.9. No Transfer of Listing
  3.15. Hypertext Links.
  3.16. Copyright Grant.
  3.17. Uses of Our Trademarks or Logos
  3.18. Confidentiality
  3.19. Merchandising
  3.20. No Assignment
  3.21. Termination of Your Subscription and Listing
  3.22. Other BVR Customers
 
Rules for Mobile Application Users
 
Rules for Advertisers
 
  5.1. Display of Advertising Material
  5.2. License and Warranties
  5.3. BVR Trademarks
  5.4. Limitation of Liability; Disclaimer; Indemnification.
  5.5. Related Limitations and Covenants
  5.6. Solicitation; Privacy Policy; User Information
  5.7. Confidentiality
  5.8. Termination
  5.9. Miscellaneous
 
Rules for Everybody
 
  6.1. Limited License to Use the Site
  6.2. Unauthorized Uses of the Site
  6.3. Your Contact Information
  6.4. BVR Communications and Privacy Policy
  6.5. Identity Verification
  6.6. Communications with Other Users of the Site
  6.7. No Spam
  6.8. Responsibility for User-Contributed Content
  6.9. Unsolicited Ideas
  6.10. Links to Third Party Sites
  6.11. No Agency
  6.12. Notices
  6.13. Changes to these Terms
  6.14. Changes to the BVR Site
  6.15. Your Record of These Terms
  6.16. Enforcement of These Terms
  6.17. Entire Agreement
  6.18. Headings
  6.19. Severability
  6.20. Assignment
  6.21. Limitation of Liability
  6.22. Disclaimers
  6.23. Release
  6.24. Indemnification
  6.25. Choice of Law and Forum; Waiver of Jury Trial.
Copyright Policy
 
Privacy Policy
 
  8.1. Scope
  8.2. Collection
  8.3. Marketing
  8.4. Use
  8.5. Our Disclosure of Your Information
  8.6. Information You Share on BVR
  8.7. Using Information from BVR
  8.8. Cookies
  8.9. No Spam, Spyware or Spoofing
  8.10. Account Protection
  8.11. Accessing, Reviewing and Changing Your Personal Information
  8.12. Security
  8.13. Third Parties
  8.14. Amendments
 

Introduction

By using or accessing the BidVacationRental.com site and systems to include our mobile application and our technology systems (operated by Bid Vacation Rental, LLC and referred to herein as the “Site”), you acknowledge that you agree to and are subject to the following terms and conditions (the “Terms”). You are not authorized to use this Site unless you are able to enter into legally binding contracts.  If you do not agree with any part of these Terms, you must not use the Site. 

You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and Bid Vacation Rental, LLC (“Bid Vacation Rental”, “BVR” “we”, “us” or “our”).  Further, in some cases, we and a user may enter into a separate written agreement providing additional terms and conditions of such user’s use of this Site and incorporating these Terms by reference.

In addition to being bound by the Terms set forth herein, Property Representatives who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with use of the Site.  “Property Representatives” are those homeowners, property managers, and other authorized agents who subscribe to and advertise their property on the BVR site.

This Site is an advertising venue for Property Representatives.  BVR does not own or manage any vacation rental property listed on the Site. Apart from our provision of booking and payment tools for property reservations, we are not involved in any transaction between Renters and Property Representatives.  We are not responsible for the condition of the vacation rental properties listed on our Site or the compliance with laws, rules or regulations that may be applicable to any property in any jurisdiction.

We urge all users to be responsible about their use of this Site and any transaction entered into as a result of either listing a property or renting a property.  Any part of an actual or potential transaction between a Renter and a Property Representative, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings, the ability of Property Representatives to make their properties available for Renters to stay in as advertised, or the ability of Renters to pay for rental transactions are solely the responsibility of each user.

While we do take certain measures with a goal to assist users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures.  In the event we do provide warnings to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any users they should have reached or that such messages will prevent any harm, result or action. 



Rules for Renters

In addition to being bound by the terms set forth herein, Renters who use this Site are also bound by the following terms, which are in addition to any other terms agreed to in connection with use of the Site.  “Renters” are customers of BVR who use the BVR Site and its systems to review and book reservations at properties listed on the Site.

2.1. How to Use the Site
Please refer to the User Guides and Frequently Asked Questions on the BVR site for additional information on how to navigate the BVR Site.

2.2. Using the BVR Booking Engine
BVR’s Booking Engine system is a service whereby the rate of the listed property is disclosed to the Renter in advance of booking and whereby BVR acts as the merchant of record on the transaction (i.e., directly charges your credit or debit card and not the Property Representative).  The "Total Charges" (not including additional mandatory property-specific service fees and optional incidental fees) that you will pay for using our Booking Engine will always be disclosed to you before you submit your request. Property bookings made available through BVR’s Booking Engine are subject to the disclosed terms and conditions of the applicable property you select.

By using this Site and securing a reservation on a property, you agree to complete the transaction as described by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

2.3. Online Bidding
By using the BVR site to bid on properties, you agree to abide by these Terms for conducting and participating in transactions on the Site.

2.3.1. BVR is Not an Auctioneer
Although BVR’s Online Bidding system is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow certain persons to list and rent properties at anytime, from anywhere, in a variety of pricing formats, including a fixed price format (referred to as the “Booking Engine”) and an auction-style format (referred to as “Online Bidding”).

2.3.2. Bidder Guidelines
The price you name in your bid is per night and does not include BVR’s charge to you for Taxes and Fees.  Once a BVR online bid is submitted, it cannot be modified by you. Your bid is merely an offer and does not constitute a booked reservation until it is accepted by BVR and confirmation of your booked reservation is issued.  Your bid remains active and will not expire until either acceptance or rejection by BVR. When using the Online Bidding system, BVR will book your reservation in a property with at least as many rooms and the ability to sleep as many individuals as requested.

You agree that if a Property Representative accepts your bid, BVR will confirm the reservation and charge the entire amount of the stay, including applicable Taxes and Fees disclosed to you before submitting an offer, to your method of payment. All accepted bids are non-cancelable, non-refundable, non-changeable and non-transferable by you. Once you bid is accepted, your method of payment will be charged for the amount shown, regardless of whether or not the reservation is used. Credit will not be given for any unused reservations.

You warrant that any payment method you selected when placing a bid shall enable you to make full and immediate payment for the item(s) chosen, if your bid becomes the winning bid. In the event that the chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, BVR may in its sole discretion cancel your bid. In such case, BVR may (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder.

2.3.3. Median Retail Price
The “medial retail price” which we may display to you is the median of the lowest rates our participating Property Representatives are offering to the general public for the exact or approximate travel dates you selected based on information provided by our Property Representatives. These rates are based on the quality level you choose, the city, and the area you selected. These rates are available through our Booking Engine or were recorded at the time of booking and do not include rates that are restricted to membership programs (such as AAA, AARP, etc.), government rates, negotiated corporate rates, etc. Although we routinely review this data, we make no guarantee or warranty, either express or implied, with respect to the accuracy or completeness of the data used or provided. Further, we make no guarantee or warranty that a property will be available below or within the disclosed price range. The ranges are provided to you solely for information purposes and are not actual rates. All pricing information available on this Site is subject to change without notice.

2.3.4. Binding Contract
A bid is a legal offer to buy the product. Once the transaction closes, both the bidder and the Property Representative are obligated to complete the transaction. By using this Site and bidding on a property, you agree to complete the transaction as described by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

2.3.5. Retracting a Bid
In rare instances, you can petition BVR to allow you to retract a bid. For example, you can petition to retract a bid if you accidentally entered the wrong bid amount due to a typographical error. For example, you bid $999.50 instead of $99.50. If this happens, you will need to honor the correct bid amount. Changing your mind does not qualify as accidentally entering a wrong bid amount. Another example of when you can petition to retract a bid is if the property's description changes significantly after you entered your bid, or you are unable to enter the property upon arrival. Petitions to retract a bid must be submitted to BVR within 48 hours of notification of acceptance of your bid.

Please know that BVR is under no obligation to grant a petition to retract a bid. Remember that every bid is binding. Once your bid is accepted, you are obligated to pay. Submitting multiple bids for multiple stays should be done only if you intend to pay for all of the reservations. We carefully investigate all bid retractions to determine whether they are appropriate and conform to the rules for buyers. Abuse of bid retractions can result in the suspension of your account.

2.3.6. Property Accommodations
All reservations secured by Online Bidding are guaranteed for the minimum occupancy capacity you requested (i.e. double occupancy means a double bed or two twin beds). Where a property has multiple rooms for rent, room assignments are based on availability and are at the Property Representative’s discretion.

2.3.7. No Shill Bidding
Shill bidding happens when anyone bids on a listed property in order to artificially increase its price or desirability. Shill bidding is prohibited on the BVR Site. If you participate in shill bidding, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account. Shill bidding is also illegal in many places and can carry severe penalties.


2.4. Confirmation of Your Reservation

Your reservation is complete upon the successful processing of your payment on the BVR Site. The BVR Site will display the confirmation of your reservation when it is complete. Further, an electronic message will be sent to the e-mail address you provided during registration as confirmation of your reservation. We encourage you to print and retain the confirmation of your reservation for your records.

2.5. Accessing Your Booked Property
Upon confirmation of your booked reservation, the Property Representative will contact you to provide directions to the location of the property as well as instructions on how to access and enter the property. It is the sole responsibility of the Property Representative to arrange for your access of the property.

2.6. Must be 21 Years of Age
The Renter on the reservation must be 21 years or older to check into the rental property.

2.7. Check In
Upon check-in, Renters must be prepared to present a valid ID and credit card or, in the Property Representative's discretion, debit card, in their name that is consistent with the transactional details provided to BVR (the amount of available credit required will vary by property).

2.8. Late Arrival and Failure to Check-in on First Night
While you should call BVR if you wish to cancel a reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your rental property on the date you requested, you should contact BVR AND the Property Representative when their information has been made available during the time between booking and cancellation. If you fail to check in to your rental property on the day of your reservation and do not alert BVR AND the Property Representative (if contact information has been provided to you), the remaining portion of your reservation may be canceled and you may not be entitled to a refund. For further information on cancellations, see the provisions on BVR’s cancellation policy.

2.9. Disability Needs
If you have disability needs (for example, you need a wheelchair accessible property or require the use of a service animal) you must call the Property Representative and verify that disability needs can be met. If your disability needs cannot be accommodated by the rental property, please call BVR at 1-877-288-1381.

2.10. Special Requests for Property Accommodations
BVR cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met. We cannot guarantee a non-smoking property. If you have special requests (including, for example, preferences for smoking or nonsmoking properties, particular bedding, or pet accommodations), you must call the Property Representative and verify that special requests can be met after you have made your booking. A property reservation cannot be refunded, canceled or modified on the basis that a special request was not (or could not be) met by the Property Representative.

2.11. Frequent Traveler Points
Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to BVR bookings.

2.12. Property Reviews
BVR does not provide a rating system for listed properties. BVR does not warrant or guarantee that any property review, rating system, or comments you encounter when researching a property are correct or accurate.

2.13. Prices
Sometimes cheaper rates are available for a specific stay at a rental property through the Booking Engine. However, these special rates offered by Property Representatives may carry special restrictions and conditions. Please check the property and rate details thoroughly for any such conditions prior to making your reservation.

2.14. Pricing Errors
We endeavor to publish and maintain accurate prices and information for the services we offer. The Property Representatives who participate on BVR’s site provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from Property Representatives, we retain the right to refuse or cancel any reservations placed for such service. We shall have the right to refuse or cancel any such reservations whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your reservation is canceled because of incorrect Property Representative information, we will promptly issue a credit to your credit card account in the amount of the charge.

2.15. Payments
BVR currently accepts credit card/debit card payments through both its Booking Engine and its Online Bidding system. BVR honors Visa, MasterCard, Discover, American Express and PayPal. Payments to BVR must be made in U.S. Dollars. At BVR's sole discretion, but without any obligation, alternate payment methods may be arranged in the case where a payment method has been declined. The next card on file will be charged if your order declines.

2.16. Charges for Taxes and Service Fees
In connection with facilitating your property reservation, BVR will charge your method of payment for Taxes and Fees. This charge includes an estimated amount to recover the amount we pay to the Property Representative in connection with your reservation for taxes owed by the Property Representative including, without limitation, sales and use tax, occupancy tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Property Representative. The amount paid to the Property Representative in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the Property Representative and the location of the property where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our Property Representatives, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving properties located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the property you stay at you may also be charged (i) certain mandatory property-specific service fees, for example, security deposits (which will be returned in full if Property Representative is satisfied with condition of property after you depart), resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc.. These charges, if applicable, will be payable by you to the Property Representative directly at checkout. When you check in, a credit card or, in the Property Representative's discretion, a debit card, will be required to secure these charges and fees that you may incur during your stay. Please contact the Property Representative directly as to whether and which charges or service fees apply.

Please note that we are unable to facilitate a rebate of Canadian Goods and Services Tax ("GST") for customers booking Canadian property accommodations utilizing our services.

2.17. Security Deposit and Responsibility for Damages
Renters are solely responsible for any damage they cause to a property during their stay. Renters authorize BVR to charge up to the amount of damages incurred on a rental property during the time of the Renter’s stay. Furthermore, the Property Representative may pursue the Renter directly for full compensation of their losses.

2.18. Cancellations
Once your reservation is confirmed, the total booking fee charged to you is non-refundable. In the event that you need to cancel your reservation, you will be subject to a minimum cancellation fee of 25% of the total booking fee. If you cancel within 30 days of your reservation check-in date, you will be subject to a minimum fee of 50% of the total booking fee. If you cancel within 7 days of your reservation check-in date, you will be subject to a minimum fee of 75% of the total booking fee. If you cancel within 24 hours of your reservation check-in date, you will be subject to 100% of the total booking fee.

2.19. Condition of Property
The condition of the property is the sole responsibility of the Property Representative. If you are dissatisfied with the property, your concerns should be addressed to the Property Representative directly. If you find that the property is not in the condition described on the BVR listing, please notify BVR immediately so that BVR may take appropriate action.

2.20. International Travel: Passports, Visas, and Hazards
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Priceline therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. For State Department travel warnings and advisories,
go to travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html.

For foreign health requirements and dangers, go to www.cdc.gov/travel/index.htm.

Other information relating to particular international destinations can be found at www.dot.gov; www.tsa.gov, www.faa.gov, www.treas.gov/ofac, or www.customs.gov.

At BVR, we have no special knowledge regarding foreign entry requirements (such as the need for passports and visas). For foreign entry requirements, go to travel.state.gov/travel/cis_pa_tw/cis/cis_1765.html.

BY FACILITATING BOOKINGS AT PROPERTIES IN PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.


Rules for Property Representatives

In addition to being bound by the Terms set forth herein, Property Representatives who purchase subscriptions from us are also bound by the following terms, which are in addition to any other terms agreed to in connection with use of the Site. Property Representatives are those homeowners, property managers, and other authorized agents who subscribe to and advertise their property on the BVR site.

3.1. BVR Listing and Reservation Services
As BVR is in the business of procuring Renters to rent vacation homes, BVR agrees to promote and offer for rent the listed property during the term of the Property Representative’s subscription. BVR will operate and oversee all reservation and registration activities, including phone services, computers, software, administration and staffing in order to provide appropriate arrival, departure and associated services to Renters. BVR reserves the right to charge Renters with reservation fees and cancellation fees according to the Terms set forth herein.

3.2. Facilitation
BVR facilitates Renters booking reservations at listed properties through the BVR Site, but makes no warranties or representations regarding the BVR Site. BVR bears no risk for failing to book any property. Nothing in these Terms constitutes a sale or rental of properties to BVR. You acknowledge that BVR has no knowledge (a) of a Renter's actual arrival or departure dates, (b) of any cancellation notice that a Renter may give directly to you, or whether such cancellation notice is sufficient to relieve the Renter (and BVR) of charges otherwise due to you, or (c) of any adjustment that you may negotiate directly with a Renter for charges, duration of stay, or otherwise. Accordingly, BVR is entitled to rely on the charge made to the Renter based on the original BVR reservation as the accurate charge from which to calculate the amount payable to the Property Representative.

3.3. Subscriber Eligibility.
Our services may only be used by Property Representatives or their authorized agents who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.

3.4. Subscriptions.

3.4.1. Types of Subscriptions
We offer basic, elite, and premium subscription packages.

3.4.2. Fees
The following sets forth the schedule of fees for BVR Services.
Subscription rates for various marketing packages are located on BVRs website under “List Your Property”. BVR will charge a 10% commission for any bookings made through any of the following features: “BVR Booking Engine”, “BVR Booking Agent” or “Bidding Platform”. Only one 10% commission will be charged for any single booking.

3.4.3. Subscription Payments
BVR currently accepts credit card/debit card payments for subscription orders. Payments to BVR must be made in U.S. Dollars. BVR honors Visa, MasterCard, Discover, American Express and PayPal. At BVR's sole discretion, but without any obligation, alternate payment methods may be arranged in the case where a payment method has been declined. The next card on file will be charged if your order declines. Subscription rates are set at the time of your subscription or renewal, as applicable. Such rates are subject to change without notice or approval. The rates in effect at the time of your new listing, next subscription renewal, subscription upgrade, or any other additional or new order of any product or service will govern.

In addition to subscription fees, BVR reserves the right to recoupment and offset for any amounts owed by the Property Representative to BVR under these Terms or any other agreement.

3.4.4. Automatic Renewal of Subscriptions
Your subscription will become effective as of the day payment is received for your subscription (“Effective Date”) and will continue for an initial term of one (1) year. Thereafter, it shall renew automatically for periods of one year on each anniversary of the Effective Date, at the then-current non-promotional subscription rate for the same product or service. This automatic renewal feature allows your service to remain uninterrupted at the expiration of your then-current term.

If the service that you last subscribed has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a service that is the most similar, as determined by us, to the service that you previously subscribed, even if the price of such service is not the same of the prior service that you subscribed. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.

If you wish to cancel your subscription, you must contact BVR Customer Support by email at cancellation@bidvacationrental.com, at any time prior to expiration of the then current term. Upon any such cancellation, your subscription will remain active through the expiration of your then-current subscription term; however your subscription will not be automatically renewed upon the expiration of your then-current term.

If you wish to change your credit card to be charged or if your credit card information otherwise changes, you agree to call BVR Customer Support at 1-877-288-1381 to provide the new or different credit card information.

3.4.5. Change in BVR Rates
BVR reserves the right to change the rates for its Services at any time. Rates may be changed for any reason, at the sole discretion of BVR. You will be notified of changes in rates by e-mail through the contact information you provided to the BVR Site.

3.4.6. Requests for Refund of Subscription
All listings are sold to run the full term that is chosen by the Property Representative. Generally, no refunds are available. If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your listing will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the listing to remain online, please contact us and we can remove the listing; however, no refund will be owed.

3.3. Subscriber Eligibility.
Our services may only be used by Property Representatives or their authorized agents who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. To register, you must provide your real name, address, phone number and e-mail address, along with other information that may be required from time to time.

3.5. Booking Engine and Booking Agents
If you offer to rent a listed property by means of the Booking Engine and through our Booking Agents, you must rent the listed property to the Renter who elects to secure the reservation at the listed price.

3.6. Online Bidding

3.6.1. BVR is Not an Auctioneer
Although BVR’s Online Bidding system is commonly referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow certain persons to list and rent properties at anytime, from anywhere, in a variety of pricing formats, including a fixed price format (referred to as the “Booking Engine”) and an auction-style format (referred to as “Online Bidding”).

3.6.2. Guidelines for Participating in Online Bidding
In the Online Bidding system, the Property Representative must rent the available property to the highest bidder that meets or exceeds the “minimum price threshold” (minimum price for stay in your listed property as set forth in Property Representative’s profile). If a bid is lower than the minimum price threshold, the Property Representative is not required to accept the bid.

If you wish to counter a “low bid” (a bid which is lower than the minimum price threshold), you must do so within 24 hours of receiving the bid (“Counter Bid”). A low bid is merely an offer and does not constitute a booked reservation unless you accept it through the BVR Bidding Feature. A Counter Bid does not constitute a booked reservation until accepted by the Renter through the BVR Bidding Feature. Upon the Renter’s acceptance of the counter bid, both the Renter and the Property Representative are responsible for meeting their respective obligations as a booked reservation.

When a bid is accepted (either because it was automatically accepted because it exceeded the minimum price threshold or because you actively accepted a low bid, or because the Renter accepted the counter bid), BVR will confirm the reservation and charge the Renter for the entire amount of the stay, including applicable Taxes and Fees. Once a bid is accepted for your property, you must honor it and are obligated to abide by the booking terms and conditions as set forth herein. All accepted bids are non-cancelable, non-refundable, non-changeable and non-transferable by you. If you cancel a reservation after a bid is accepted, you may be subject to a cancellation fee of 100% of the total booking fee.

3.6.3. Binding Contract
Once the transaction closes, both the bidder and the Property Representative are obligated to complete the transaction. By listing your property on this Site and making it available through the Online Bidding system, you agree to complete the transaction as described by these Terms. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

3.6.4. No Shill Bidding
Shill bidding happens when anyone bids on a listed property in order to artificially increase its price or desirability. Shill bidding is prohibited on the BVR Site. If you participate in shill bidding, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account. Shill bidding is also illegal in many places and can carry severe penalties.

3.7. Rates and Reservations
Property Representatives who subscribe to BVR agree to make their property available for booking through the Site, provided however, that BVR may refuse to offer or display any property in the event that BVR, in its sole discretion, deems a property to be of unacceptable quality.


3.7.1. Confirming Reservations
For reservations booked through BVR (via the Booking Engine, Booking Agents, or the Online Bidding System), BVR may request the Property Representative to reserve the property for a Renter upon sending the Property Representative an Electronic Message identifying the arrival and departure dates, and any other pertinent information. The Property Representative will also be able to view on the BVR site, Renter information. A Renter is deemed to have made each confirmed reservation, and the Property Representative must honor each confirmed reservation, upon delivery by BVR of the electronic message, or placement in the BVR Systems of the reservation. The Property Representative shall accept the Electronic Message as proof of reservation by a Renter. It is the sole responsibility of the Property Representative to ensure that their email system is functional and that no emails from BVR can be blocked. The Property Representative acknowledges that BVR does not issue vouchers to Renters, and the Property Representative agrees to accept the electronic message or BVR Systems reservation confirmation as proof of reservation by a Renter.  If a discrepancy arises between information contained in your records and the BVR Site, then the booking information from the BVR Site shall prevail. The Property Representative agrees to not circumvent BVR and its booking processes.  Within one year subsequent to the cancellation of its BVR subscription, if Property Representative collects any rental income from a BVR customer previously referred to Property Representative, then Property Representative shall pay BVR up to 10% of collected rental income of such customer.

3.7.2. Accommodation of Reservations.
Property Representatives shall treat BVR customers no less favorably than average customers in all respects including with respect to overbookings. All BVR reservations shall be held open until check-out time following the first night covered by such reservations. BVR bears no risk for failure to book any property listed on the Site and nothing in these Terms constitutes a sale or rental of properties from Property Representatives to BVR. BVR makes no warranties or representations regarding the Site, or its ability to obtain reservations for any properties. Property Representatives are solely responsible for ensuring that the identification presented by a Renter is valid and matches the booking information contained in the reservation information provided to the Property Representative. If a Property Representative fails to validate the Renter as stated in the previous sentence, and, as a result of fraud relating to such booking, BVR refunds amounts previously paid to the Property Representative, then the Property Representative shall pay to BVR, an amount equal to the amount paid to the Property Representative for such booking to offset the amount of such refund within 30 days after BVR’s request.

3.7.3. Pre-Reservations
You authorize BVR to take pre-reservations for the following calendar year beyond the annual subscription time period. Pre-reservations are subject to the Property Representative having its subscription fully paid and in effect for the following calendar year. If the subscription is not renewed, the Property Representative hereby gives permission to BVR to return 110% of such advance payments (including commission) so the Renter can be moved to another property listed on the BVR site or sent a full refund, at the Renter’s discretion.

3.7.4. Additions to Renter’s Reservation
If a Renter requests additional nights or properties to the original BVR reservation directly from the Property Representative, whether upon arrival at the property or otherwise, then any such additions shall constitute an agreement between the Property Representative and the Renter separate from the BVR reservation and the Property Representative must charge the Renter directly for such additions. The Property Representative is solely responsible for collecting any charges for such Renter’s requested changes or other charges.

3.7.5. Parity Obligation/Rates
Property Representatives shall provide BVR with net, non-commissionable rates (“Rates”), availability, refunding and booking policies no less favorable than it provides to any other entity for sales or bookings of properties.

Property Representatives shall provide BVR with the Net Rates, in US Dollars (USD), to be paid to the Property Representative for bookings through the Site and its Systems by specifying the net rates, rules, terms, and conditions (including all policies such as cancellation, advance purchase, and no-show) for any and all properties listed on BVR.  All Net Rates are net, non-commissionable rates.  You shall set the Net Rates for properties booked through BVR to result in a consumer price as low as any other available price. This is defined as the "Best Available Rate" and shall be set for BVR to be at least as favorable as the rates, rules, terms, and conditions that you set for properties made available for booking through any other company or entity. The Best Available Rate also includes any other means through which you make your property available, including any web site you or by another entity acting on your behalf. This does not include specially contracted corporate rates or rates for rooms that require qualified proof of membership such as military or AAA rates. The "Best Available Rate" also includes rates quoted over the phone or in person to prospective Renters. 

You may change the Best Available Rate on unbooked properties at any time, within the parameters of these Terms; provided however, that Property Representatives may not increase the Rates in reaction to a catastrophic force majeure event (including without limitation, the occurrence or threatened occurrence of a natural disaster, an environmental disaster, whether natural or manmade, war, civil unrest, labor disputes, or a terrorist attack). Notice of intention to change rates must be given to BVR by the Property Representative before the change can become effective.  Property Representatives shall be solely responsible for notifying BVR of rate changes by email at customerservice@bidvacationrental.com.  Property Representatives shall be solely responsible for the accuracy of any changes submitted to BVR.  BVR shall only be obligated to pay to Property Representatives the Net Rates listed on the Site at the time of booking.  

3.7.6. Additional Fees
Property Representatives must disclose to BVR, on an annual basis or as such fees are modified, all charges imposed on Renters, including, but not limited to, all mandatory guest, resort, parking and/or activity fees in addition to the regular booking fee charged by BVR (collectively, “Additional Fees”). If you fail to disclose any Additional Fees to BVR, then you must waive such Additional Fees to Renters unwilling to remit payment of such Additional Fees.

3.7.7. Taxes
All Rates provided by Property Representatives to BVR shall be net and exclusive of all applicable taxes and surcharges, including energy charges. Prior to loading any rates in BVR’s system, the Property Representative shall provide BVR with all tax information applicable to the listed property. The Property Representative is solely responsible for the accuracy of such tax rate information and for the accuracy of any changes submitted to BVR. BVR shall collect an amount from the Renter that includes an amount to cover taxes on the rates based on the information provided by the Property Representative. The Property Representative shall be responsible for paying to the appropriate tax authorities the full amount of all taxes applicable to the rates for reservations for the listed property. The Property Representative shall indemnify, defend and hold harmless BVR and its officers, directors, employees, agents and affiliates from and against all assessments or payments for tax, interest and penalties applicable to any reservations as a result of (a) any tax information provided to BVR being incorrect or outdated or (b) the Property Representative failing to pay to the proper taxing authorities, in whole or in part, any taxes remitted to such properties by BVR.

Canadian Property Representatives understand and will convey to Renters, that transactions are occurring via a U.S. based company, and therefore, are not eligible for a refund of Canadian Goods and Services Tax (GST).

 


3.7.8. Authorization to Collect Booking Fees
By listing your property on BVR’s Site, you authorize BVR to collect the total Booking Fees (which includes rental monies, commissions, taxes and other fees) on a property when a reservation is booked.

3.7.9. Handling of Rental Income
In additional to your subscription payments, BVR will collect a 10% commission on every booking made through its Site. BVR shall provide a monthly statement and send payment by the 15th of each month via paypal, electronic funds transfer, or check to the Property Representative’s designated account for all confirmed rental monies, plus applicable taxes, minus commission, cancellation fees, supplies or maintenance required due to Property Representative. All Property Representatives located outside the United States will need to create an account with PayPal in order to receive payments from us. If you do not have an existing PayPal account, you can create one at www.PayPal.com. Confirmed monies are those for which a property has been booked by a Renter either through BVR’s Booking Engine or the Online Bidding System and advance rents have been received by BVR and held in Trust account. Confirmed monies are eligible for release to Property Representatives within 5 business days after the scheduled Renter has checked out and the Property Representative has submitted to BVR a completed report confirming a satisfactory inspection of the property. Payment will be made based on the U.S. Dollar value of the Net Rates plus applicable taxes. Property Representatives are responsible for all receiving fees incurred as a result of the funds transfers.

You must timely notify BVR when a Renter has checked out.  BVR will have no obligation to pay a Property Representative for a reservation if the Property Representative fails to notify BVR, whether through the check-out verification procedures or otherwise by an invoice, within 3 months of the fulfilled reservation. The Property Representative acknowledges that once a Renter’s check-out has been verified, and the payment to the Property Representative's designated account has occurred, all amounts due to the Property Representative have been paid and no outstanding liability exists to either the Property Representative or the Renter(s).

3.7.10. Disputed Charges
Unless BVR consents otherwise in writing, the Property Representative must apply payments received from BVR to the specific reservations identified in the BVR monthly statement.  If the Property Representative disputes the fees collected by BVR on any reservation, the Property Representative must not (a) charge or attempt to charge any Renter directly for the disputed amount, (b) refuse to honor any other reservations made by Renters, or (c) take any other action likely to interfere with the fulfillment of a Renter’s reservation without the consent of BVR. If the Property Representative breaches its obligations under these Terms by collecting disputed amounts from a Renter or revealing disputed amounts to a Renter, and, as a result of such breach, the Renter requests that BVR refund amounts previously paid to BVR, then the Property Representative shall be solely responsible to pay such requested refund.

If you breach your obligations under these Terms by collecting disputed charges from the Renter or revealing the Net Rates to a Renter, and, as a result of such breach, the Renter requests that BVR refund amounts previously paid to BVR, then the Property Representative shall pay to BVR the amount of any such refund within 30 days after BVR's request.

 


3.7.11. Unauthorized Payments
BVR is not a party to any payment transaction between Property Representatives and property Renters, in situations where property Renter and Property Representatives have agreed to additional nights beyond the initial reservation. No Property Representative may request any Renter to mail cash, or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a property rental transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the Property Representative and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.

3.8. Cancellations
Where your cancellation policy applicable to your property differs from these Terms, these Terms shall apply.

Renters are obligated to notify BVR directly of any changes or cancellations to their reservation as detailed in the Cancellation Policy for Renters.  Failure by the Renter to notify BVR of a change or cancellation may result in a complete denial of refund.  The Property Representative shall provide to BVR proof of the Renter’s stay at the property upon request.  The Property Representative acknowledges that BVR generally has no knowledge (i) of Renters’ actual arrival or departure dates, or (ii) of any cancellation notice that may be given by Renters directly to the Property Representative, or whether any such cancellation notice as may be given is sufficient under BVR’s policies to relieve Renters (and BVR) of all or any portion of the charges otherwise due to the Property Representative. Accordingly, absent appropriate notice to BVR, BVR shall be entitled to rely on the charge made to the Renter based on the original BVR reservation as the accurate charge from which to calculate the amount payable to the Property Representative.  If a Renter arrives at the property and departs early for any other reason than dissatisfaction with the Property, the Renter may not be entitled to receive any refund for any portion of the remaining stay.

If a Renter cancels a reservation, the Property Representative will receive a minimum payment of 25% of the Net Rate.  If a Renter cancels a reservation within 14 days of the reservation, the Property Representative will receive a minimum payment of 50% of the Net Rate, after paying BVR a 10% commission.  If BVR grants a Renter a refund for a reservation, the Property Representative shall promptly refund to the Renter any additional amounts it directly charged the Renter for services not rendered, provided that the Property Representative may be entitled to retain its portion of the cancellation fee.  BVR may revise its cancellation and refund policy from time to time.

If a reservation is a Potentially Fraudulent Reservation (as defined below), or certain data provided by the Renter cannot be verified by BVR prior to 4:00PM (of the Property Representative’s local time zone) of the day that is one (1) day before the date of arrival, then the Property Representative and BVR agree to work together to address the Potentially Fraudulent Reservation, which may include canceling such reservation by notifying the Property Representative by email at any time up to 4:00PM (of the Property Representative’s local time zone) of the day of arrival. The Property Representative agrees that, for reservations cancelled under the preceding sentence, BVR shall owe no monies to the Property Representative for such reservations and the Property Representative will not be required to pay to BVR any cancellation or default fee described above. “Potentially Fraudulent Reservations” means reservations that result from (i) invalid or incorrect information supplied to BVR at the time of booking, as a result of a credit card dispute, or as a result of a report of unauthorized charges, or (ii) bookings that may be associated with previous high risk or fraudulent transactions.


You are solely responsible for ensuring that the identification presented by a Renter at check-in is valid and matches the booking information contained in the reservation information provided BVR. If you fail to verify the Renter’s identification, and, as a result of fraud relating to such booking, BVR refunds amounts previously paid to BVR, then you shall pay BVR an amount equal to the amount paid to you for such booking to offset the amount of such refund within 30 days after BVR's request.


3.9. Accuracy of Property Listing.
Property Representatives are solely responsible for the accuracy of the factual information concerning the facilities and nature of the property listed on BVR. You are required to describe only the property you are selling. You agree to provide complete and accurate details about the listed property, to specify the condition of the property, to describe any defects or flaws, and include actual pictures of the property instead of stock photos. You are not allowed to include conflicting or misleading information in your listing. For example, if your property is one block from the beach, it should not be described as an “ocean front property.” You must not include pictures that do not accurately represent the property. You also must not use phrases like “top rated BVR renter” or “trusted renter” in a manner that leads Site users to believe you have received special preferential treatment or feedback from BVR. You also shall not include comments that discourage Renters or other Site users from using the Site. Failure to comply with these provisions, as determined in the sole discretion of BVR, will result in a 50% deduction from the total booking fee due to you for the property. Your failure to comply with these provisions may also result in termination of your listing on the BVR Site.

If any changes to the property or the nature of the property occur, or if you become aware that any information about the property is not accurate, then you shall advise BVR immediately so that BVR may inform Site users accordingly and change the contents of the listing on the Site.

3.10. Access to Property
Once a reservation is booked, you are responsible to provide clear directions on the location of your property to the Renter. Further, you are responsible to provide clear instructions on how the Renter may access and enter your property (i.e. location of keys). Failure to provide these instructions to the Renter may result in forfeiture of your booking fees.

3.11. Property Conditions
You are required to provide the property as described in the listing on BVR’s Site, including all property features and equipment advertised in the listing, and to otherwise cause the property to be maintained in a safe, fit, and habitable condition at all times. Should any disputes arise between the Property Representative and the Renter after the Renter has checked in, it is the Property Representative's responsibility to satisfy the Renter.


3.11.1. Housekeeping.
Property Representatives agree to pay for all cleaning services directly. All properties must receive a standard cleaning service following each rental. Touch up may be necessary if vacant for a period of time. The property must be spring cleaned annually. If the Property Representative performs his own spring cleaning, BVR shall inspect and charge the Property Representative for any additional cleaning required to meet BVR standards.

3.11.2. Maintenance and Repairs.
The Property Representative agrees to maintain its listed property in a state of good repair by performing regular maintenance. All repairs and maintenance services are the sole responsibility of the Property Representative and will be paid by the Property Representative directly. If a property is closed for the winter, the Property Representative will winterize the property as appropriate.

3.11.3. Utilities.
You agree to keep current on payment of all utilities for the listed property including, but not limited to, electric, gas, water, telephone, and cable/satellite TV as appropriate. Should any such utilities be disconnected, you will be deemed in material breach of these Terms and BVR may terminate your subscription(s) without advance notice and without refund.

3.11.4. Operating License.
At BVR’s request, the Property Representative shall promptly provide BVR with a copy of the Property Representative’s annual operating license and/or similar certificate(s) indicating the Property Representative’s compliance with the health and safety obligations required for it to operate legally in its jurisdiction.

3.11.5. Notification of Entry.
You agree not to enter the property or instruct any other person to enter the property without prior notification to the Renter, if the property is occupied by a Renter.

3.11.6. Renter Dissatisfaction with Property.
If a Renter arrives at a property but departs as a result of the Renter’s dissatisfaction with the property, the Property Representative will not be entitled to any of the monies collected for the Renter’s reservation.

3.11.7. Listed Property Under Construction
If you list a property which is still under construction, you shall inform BVR of the first date the listed property is expected to be available for rent. In no event will a property be listed on the Site until framing of the structure has begun. BVR shall have the right to periodically inspect the property. BVR may transfer Renters to another property if BVR believes, in its sole discretion, that the listed property is in jeopardy of not being completed on time for the Renter’s reserved time slot. In the event a Renter must be moved to another property due to a delay in scheduled completion of construction, you are responsible for any reasonable excess charge which the Renter may incur to rent another property.

3.11.8. Legal Requirements Applicable to Rental Properties
You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any rental property you list on the Site.  Any violation of such statutes by a Property Representative would be the sole legal and financial responsibility of the Property Representative.  We assume no responsibility for your compliance.  You shall, at your sole expense and at BVR’s request, hold harmless, indemnify and defend BVR, its affiliates or any of their directors, employees, or agents, against any third-party claim or action brought against any of them, arising from or relating to your accommodations or services or your breach of these Terms.

Please be aware that, even though we are not a party to any rental transaction and assume no liability for legal compliance pertaining to rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with or disregard such obligation in our sole discretion.

3.11.9. BVR’s Right to Inspect Listed Property
BVR may perform an inspection of the listed property and furnish to the Property Representative a copy of its report on the inspection and the condition of the property. The report may include recommendations and requirements of items and improvements necessary to meet BVR’s standard of excellence. The Property Representative must perform any required changes within 90 days of receipt of such report or the subscription will be cancelled at the option of BVR.

3.12. Damages to Your Property

3.12.1. Renter is Solely Responsible
Renters are solely responsible for damages they cause, whether intentionally or by accident, while staying at your property. Your claim for compensation for damages should be directed solely to the Renter.

3.12.2. Damage Claims
You must notify BVR in writing, via email at damages@bidvacationrental.com of any property damages as a direct result of a BVR Renter’s use within 48 hours of the Renter checking out of your property. Upon request, you must furnish proof of such damage to BVR. Failure to notify BVR within 48 hours will result in forfeiture of your right to collect any damages from BVR for such damages.

3.12.3. Inherent Risk
You understand and acknowledge that use of the listed property by Renters carries with it certain inherent risks. You shall bear all losses, costs, and expenses resulting from any damage, theft or other actions by Renters, which BVR is unable to collect. BVR will make reasonable effort to collect for damages resulting from Renter occupancy but is not responsible for costs incurred that cannot be reasonably detected or collected or are caused by normal wear and tear. BVR is not responsible for costs or losses, which are not detected or collected at the reservation time or with 48 hours of the Renter’s departure.

3.12.4. Insurance
You shall carry, at your own expense, comprehensive general public liability insurance against any and all claims or demands whatever arising out of, or in any way connected with the operation, leasing, and maintenance of your listed property. You shall maintain liability insurance coverage in an amount that is consistent with industry practice, but not less than $100,000.00 for injury or death of one person in each accident or occurrence, $300,000 for injuries to or death to more than one person in each accident or occurrence, and $50,000 for property damage in each such accident or occurrence. To the extent permitted by law, you shall either (a) name BVR as an additional insured on any liability insurance policies on which you pay premiums, and deliver to BVR certificates of insurance that verify compliance with the preceding clause or (b) provide other evidence of insurance acceptable to BVR that indicates that BVR will be covered by your insurance in the event of a claim relating to these Terms. You shall cause BVR to receive thirty (30) days prior written notice before such insurance is cancelled or expires. No later than ten (10) days prior to the date of expiration of an existing insurance policy, you shall deliver new certificates (or other evidence) of insurance to BVR for any renewal policies. BVR may terminate these Terms if you fail to comply with this provision.

You acknowledge that lost rental income insurance is generally available and you are encouraged to obtain such coverage.


3.13. Force Majeure/Inability to Honor Reservations:
In the event a hurricane, storm or other event renders the listed property unsafe, unfit or uninhabitable for some period of time, or otherwise renders the listed property unavailable for rent, BVR is authorized to refund on behalf of the Property Representative all or a prorated portion of advance rents to such extent as BVR, in its sole discretion, may determine to be fair and reasonable to the Property Representative and Renter, net of commissions earned by BVR. BVR may charge an administrative fee to Renter in connection with refunds. In the aftermath of any hurricane, storm or other unforeseen disaster event, which reasonably could damage the listed property or render it unsafe, unfit, or uninhabitable, the Property Representative is solely responsible to restore the property to an acceptable condition.
You acknowledge that BVR will incur considerable expense on your behalf prior to the Renter’s check-in to the listed property as a result of these Terms and that BVR shall be entitled to compensation for its services in the event the listed property becomes unavailable for rental due to hurricanes, bridge or highway damage, acts of God or ay other cause beyond BVR’s control. If the listed property becomes unavailable for such reasons and reservations are lost or cancelled, you shall pay BVR all commissions that would have been earned by BVR for all reservations on record at the time the listed property becomes unavailable. Commissions are considered 100% earned and due upon booking of a reservation. You acknowledge that you can submit claims for lost rental income through your insurance for all such lost rental income to which you are entitled. BVR is not responsible for your failure to secure insurance.
If the Property Representative is unable to honor any of its reservations as a result of such an unforeseeable cause (such as war, work stoppage, fire, weather events, air carrier interruption or act of government), then the Property Representative shall immediately (a) notify BVR of such inability, (b) relocate the Renter to a comparable property, and (c) prepay to such comparable property the charges for the nights in question, together with all transportation costs of the Renter to such alternative accommodation.
A party’s failure to perform under these Terms is excused if the failure results from an unforeseeable cause beyond it’s control, such as war, work stoppage, fire, weather events, air carrier interruption, or act of government. A party whose performance is impaired as a result of such an unforeseeable cause shall promptly notify the other party.

3.14. Listing Guidelines


3.14.1. You are Responsible for Your Listing
You are solely responsible for the content of your listing. We do not have any obligation to investigate the truthfulness or accuracy of property listings, reviews, responses or any other content submitted to this website. However, we reserve the right to remove any content contributed to this Site which fails to comply with these Terms or is otherwise unacceptable to us.

3.14.2. Accuracy of Contact Information
All information submitted to BVR and to the Site during your registration with the Site shall be true and correct. You further agree to promptly provide notice to the Site by email to customerservice@bidvacationrental.com regarding any updates to your contact information. You also agree to promptly provide proof of personal identification, proof of ownership of the property listed on the Site, and proof of authority to list the property as we may request.

3.14.3. Content, Layout and Copy.
All content which you submit to our Site is subject to review and approval by us in our sole discretion.  We reserve the right to refuse to publish any content that we determine, in our sole discretion, does not meet these Terms or is otherwise unacceptable to us.  However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Property Representative.  We reserve the right to edit content submitted to the Site to cause the content to comply with our content guidelines or formatting requirements.  You are responsible for reviewing and ensuring that any content displayed on the Site appears as you intended.

3.14.4. Content Guidelines
Any content contributed to this Site must be relevant to the purpose of the forum and discussion.  The content of your listing must be directly related to its purpose.  Property listing descriptions must relate to the property and information that would be useful to a potential Renter. 

All content must be truthful and not misleading.  You may only contribute content to which you have all legal rights to post and distribute.  The content must not infringe anyone’s rights, violate the law, or otherwise be inappropriate.  The content must not provide personal information that can be used to identify or contact any person.  Promotional content that promotes other websites, businesses, services or products unaffiliated with BVR is prohibited.  Obscene, abusive, discriminatory or illegal content is prohibited.

3.14.5. Photographs
All printed (paper based) photographs which you submit will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you.  Similarly, we make no promise to store or return any photographs submitted electronically.  We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard. 

Photographs should depict the listed property as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.

By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, you represent and warrant that (a) (i) you hold all intellectual property rights with respect to each submitted photograph, or (ii) you have secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that you will indemnify and hold harmless the Site and any member of the BVR Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.

It is your responsibility to obtain reproduction permission for all photographic and other material used in your listing.  You warrant that you are the owner of the copyright in such material or are authorized by the owner thereof to grant to us the rights therein contained.  You agree to provide any proof of such rights to us that we may request.

3.14.6. One Listing for One Property
Each property listing on the Site must relate to an individual and uniquely identified property. Unless you have signed up for a special multiple-listing package, your subscription listing package requires one subscription per listing (one subscription per property).

The listing specifically cannot be a mere example of properties in a given area.  Only one property can appear on each advertisement, unless it is a property with multiple rental units on the same site and additional advertising units are purchased.  We reserve the right to amend or remove any listing when more than one property is described in such listing, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.

3.14.7. Advertising More Than One Property
Each property listing on the Site must relate to an individual and uniquely identified property. Unless you have signed up for a special multiple-listing package, your subscription listing package requires one subscription per listing (one subscription per property).

Property Representatives who manage 10 or more properties should contact BVR by phone at 1-877-288-1381 or by e-mail at brokers@bidvacationrental.com to discuss the packages that may best suit their needs.

3.14.8. No Substitution of Properties
The property in a listing may not be substituted for another property. If a Property Representative submits changes to an existing listing that, if approved, would substantially alter the listing to make it that of another property, then we have the right to terminate the listing and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing listing as compensation for the violation of this condition.

3.14.9. No Transfer of Listing
No listing may be transferred to another party. If a Property Representative sells the property that is listed, that Property Representative may not transfer its listing to the new owner of the property that is listed. However, in the case of termination or sale of the Property to new owners, the Property Representative must ensure that any reservation booked by a Renter through the Site is honored prior to the termination of the subscription.


3.15. Hypertext Links.
We reserve the right to refuse hypertext links to, or addresses of, other web sites from Property Representatives' pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.

3.16. Copyright Grant.
By accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the websites of our affiliates. You grant the Site and the members of the BVR Group the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

We are not responsible for any infringement or violation of laws resulting from content supplied by any Property Representative. You agree to indemnify and hold harmless the Site and any member of the BVR Group against any action brought for breach of copyright or other rights from the use of such content supplied by you. You hereby waive and release all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by you or any other Property Representative.

Further, you agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of either your listed property or the promotion of the Site.

3.17. Uses of Our Trademarks or Logos
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to BVR or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my vacation rental on BVR," or "I list properties on BVR." However, you may not refer to BVR or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by BVR or one of our affiliates. For example, you may not say “BVR sponsors my vacation rental,” or describe your property as “BVR’s best vacation rental.” You may not use the BVR name or one of our affiliates’ names on any other website that lists vacation rentals without our prior written authorization.

The BVR name and logo and those of the BVR Group and our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc., or if you have other questions, you may email us at customerservice@bidvacationrental.com.

3.18. Confidentiality
Without the express written consent of the disclosing party, no party shall disclose or allow the disclosure to any third party, or use other than as specifically permitted in these Terms, any confidential, proprietary or trade secret information of such disclosing party. A party shall not be liable for the disclosure of any confidential, proprietary or trade secret information if such information (i) becomes publicly available without the receiving party's breach of any obligation owed to the disclosing party, (ii) became known to receiving party prior to disclosing party’s disclosure of such information, (iii) became known to receiving party from a source other than disclosing party where such source did not breach an obligation of confidentiality owed to disclosing party, or (iv) is independently developed by the receiving party.

3.19. Merchandising
BVR has the right, solely for the purposes of merchandising and obtaining reservations for Property Representatives, to use the name, logos, trademarks, and images from the Property Representative’s website or provided by the Property Representative (including photographs) used to identify or promote the listed property. The Property Representative warrants that such use does not infringe on any third party’s rights.

3.20. No Assignment
No Property Representative shall assign or transfer these Terms or any rights or obligations hereunder to another party.

3.21. Termination of Your Subscription and Listing
If any Property Representative submits unsuitable material to our Site, misuses the Site or is in breach of these Terms, we reserve the right to immediately terminate that Property Representative’s subscription(s) without advance notice and without refund. In addition, if we become aware of a complaint from any user or other third party regarding a Property Representative’s listing or rental practices that, in our sole discretion, warrants the immediate removal of that Property Representative’s listing from the Site, then we may immediately terminate such Property Representative’s subscription(s) without advance notice and without refund. We assume no duty to investigate complaints. Also, if any Property Representative is abusive or offensive to any employee or representative of the BVR Group, we may immediately terminate that Property Representative’s subscription(s) without advance notice and without refund.

3.22. Other BVR Customers
You acknowledge that BVR provides bookings for multiple Property Representatives, including your competitors, that BVR has no obligation to disclose any terms relating to BVR’s relationship with other Property Representatives, and that BVR is relieved from any duty, and does not have any duty, to disclose or segregate in any manner any amounts collected by BVR from Renters under these Terms.



Rules for Mobile Application Users

Mobile App users are subject to the Terms and Conditions of the full BVR site.



Rules for Everybody


5.1. Limited License to Use the Site
Users are granted a limited, revocable, non-exclusive license to access the Site and the content and services provided on the Site all in accordance with these Terms. Any use of the Site that is not in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

5.2. Unauthorized Uses of the Site
The limited license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.

Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously authorized by us in writing:

• Any commercial use (other than by Property Representatives with a fully paid up subscription in good standing (a “valid subscription”) of the Site or any content on the Site;

• Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental for a property other than a property listed under a valid subscription;

• Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever;

• Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;

• Modify, translate into any language or computer language, or create derivative works from, any content or any part of the Site;

• Reverse engineer any part of the Site;

• Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties;

• Use any robot, spider, scraper, other automatic device, or manual process to monitor, copy, or keep a database copy of the content or any portion of the Site;

• Use the Site and its inquiry functionality other than to advertise and/or research vacation rentals, to make legitimate inquiries to our Property Representatives or any other use expressly authorized on the Site;

• Use the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;

• Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or

• Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the Site or any other system used by us or the Site.

If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us at customerservice@bidvacationrental.com.

5.3. Your Contact Information
When you provide your contact information to us in connection with any service or tool provided on the Site, you agree to allow the Site and its affiliated websites to add your contact information to our database of users. Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.

5.4. BVR Communications and Privacy Policy
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

You may receive one or more promotional e-mails from the Site or a website of one of BVR’s affiliates. You are welcome to opt not to receive such promotional e-mails at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of and agreement with our Privacy Policy.

5.5. Identity Verification
User verification on the internet is difficult and we do not assume any responsibility for the confirmation of each user's purported identity. We encourage you to communicate directly with a Renter or Property Representative through the tools available on the Site.

We discourage you from giving anyone access to your online ID and password. You must keep your password and online ID secure and strictly confidential. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. You must notify us immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person. You must also notify us immediately if you are contacted by anyone requesting your online ID and password.

Each user acknowledges and agrees that neither BVR nor any of its affiliates will have an liability to any user for any unauthorized transaction made using any user’s password that occurs before such user has notified us of possible unauthorized use of such password and we have had a reasonable opportunity to act on that notice. Each user acknowledges and agrees that the unauthorized use of your online ID and password could cause you to incur liability to both BVR and other users. Further, we may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you if we suspect, in our sole discretion, that your password is being used in an unauthorized or fraudulent manner.

5.6. Communications with Other Users of the Site
You agree that, with respect to other users' personal information that you obtain through the Site or through any Site-related communication or transaction, we have granted to you a license to use such information only for: (a) Site-related communications that are not unsolicited commercial messages, (b) using services offered through the Site, and (c) facilitating a reservation of a property between you and the other user. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. You are not licensed to add a Site user, even a user who has rented a property from you or to you, to your mailing list. In addition, under no circumstances may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.

5.7. No Spam
We do not tolerate spam or unsolicited commercial electronic communications of any kind. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.

5.8. Responsibility for User-Contributed Content
You are responsible for all content you provide to the Site or through any tool or service provided on the Site. We have no duty to pre-screen content posted on the Site by Property Representatives, Renters or other users (including, without limitation, reviews of or comments for any particular property), (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Site of, or to remove from the Site, any user-contributed content that violates these Terms or is otherwise unacceptable to us. We may also remove user-contributed content if it is brought to our attention that any content is in breach of any part of these Terms. Finally, we reserve the right (but do not assume the obligation) to edit a user-contributed content in a non-substantive manner solely to cause the content to comply with these Terms or formatting requirements.

The information that we disclose regarding each property is based on the information provided to us by the Property Representative and is the sole responsibility of the Property Representative. Property Representatives, as subscribers of this Site, are given access to a platform through which they are fully responsible for updating all rates, availability and other information which is displayed on this Site. Property Representatives are solely responsible for keeping their property information up-to-date on the Site, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. Properties listed on this Site do not constitute and should not be regarded as a recommendation or endorsement by us of (the quality, service level or rating of) any property made available. Property Representatives are solely responsible for ensuring the accuracy of any property descriptions, and Renters are solely responsible for verifying the accuracy of such descriptions.

Although we will use reasonable care in performing our services, we cannot guarantee that all information is accurate, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. We specifically disclaim any and all liability arising from the alleged accuracy of property listings, property reviews, user comments, or any alleged breaches of contract on a Property Representative's or Renter’s part. We do not represent or warrant that any of the copy, content, property reviews, use comments, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective Renters have searched for specific special offers, dates, or types of properties.

We reserve the right to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.

5.9. Unsolicited Ideas
From time to time, users submit to us suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such suggestions and are under no obligation to consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, you agree that: (1) your submission and its contents will automatically become the property of BVR, without any compensation to you; (2) BVR may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for BVR to review any submission; and (4) there is no obligation to keep any submission confidential. The purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.

5.10. Links to Third Party Sites
This Site may contain links and pointers to other internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.

5.11. No Agency
Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created by these Terms or your use of the Site.

5.12. Notices
Except as explicitly stated otherwise, any notices to us must be in writing and sent by confirmed email to notices@bidvacationrental.com or a nationally recognized overnight air carrier addressed to: Bid Vacation Rental, LLC, Attention Legal Department, 5525 North Stanton Street, Suite 3C, El Paso, Texas, 79912.

When we need to send you notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account. Notice shall be deemed given upon receipt or 24 hours after an email is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided through your account with our Site. In such case, notice shall be deemed given three days after the date of mailing to a physical address.

5.13. Changes to these Terms
BVR may at any time modify these Terms. Your continued participation with BVR will be conditioned upon the Terms in force at the time of your use. Notification of any modification of these Terms will be posted on the Site and will be effective immediately. If you disagree with any change to these Terms, then your sole remedy is to discontinue your use of the Site. When you renew your subscription to BVR, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.

We reserve the right to offer special programs with unique terms and conditions that may supersede or supplement in certain respects these Terms. Your use of the Site under such special program will be governed by the terms and conditions of such special program.

5.14. Changes to the BVR Site
BVR may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

The types of products and services (including the features, terms and operation thereof) offered at the time of a Property Representative’s subscription are subject to change without notice or approval. We further reserve the right to offer additional products, services or features for purchase at any time.

5.15. Your Record of These Terms
We do not separately file the Terms entered into by each user of the Site. You are responsible for keeping a record of these Terms and any subsequent changes thereto. You acknowledge and agree that BVR may archive an electronic copy of these Terms, and further agree that any request made to BVR for a copy of these Terms may be fulfilled in electronic form.

5.16. Enforcement of These Terms
We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.

5.17. Entire Agreement
These Terms constitute the entire agreement between us and you respecting the matters set forth herein, and supersede any prior agreement between us and you, written or oral, with respect to your use of the Site.


5.18. Headings
Headings in these Terms are for reference only and do not limit the scope or extent of such section.

5.19. Severability
If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, then the remainder of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

5.20. Assignment
We may assign these Terms in our sole discretion. Users of the Site must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

5.21. Limitation of Liability
In no event will BVR, subsidiaries, affiliates, officers, directors, consultants, agents and/or employees (collectively, the “BVR Group”), or any third party provider of a service or tool offered on any site of a member of the BVR Group (each a “Third Party Provider”), be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (a) our site, (b) these terms, (c) any breach of these terms by you or a third party, (d) use of the site, tools or services we provide related to the business we operate on the site by you or any third party and/or (e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warrant, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.

If you are dissatisfied with the Site, you do not agree with any part of the Terms, or have any other dispute or claim with or against us or another user of the Site with respect to the Terms or the Site, then your sole and exclusive remedy against us is to discontinue using the site. In all events, our liability, and the liability of any member of the BVR Group, to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (b) $100.00 in the aggregate for all claims.

5.22. Disclaimers
The site, including all content, software, functions, materials and information made available on or accessed through the site, is provided “as is.” To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hyptertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components.

You acknowledge and agree that any transmission to and from this site is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on the Site, including property listings, no confidential, fiduciary, contractually implied or other relationship is created between you and us other than pursuant to these terms.

You acknowledge and agree that you will not hold or seek to hold us or any third party provider responsible for the content provided by any user, including, without limitation, any translation thereof. We have no control over and do not guarantee (other than pursuant to any guarantee that may be offered on the site) the safety of any transaction, rental property or the truth or accuracy of any listing or other content provided on the Site.

5.23. Release
In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release, remise and forever discharge each member of the BVR Group, each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Site. If you are a California resident, you waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

5.24. Indemnification
You hereby agree to indemnify, defend and hold each member of the BVR Group (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the site or otherwise relating to the business we conduct on the Site (including, without limitation, any potential or actual communication, transaction or dispute between you and any other user or third party), any content posted by you or other users of your account to the Site, any use of any tool or service provided by a third party provider, or any breach by you of these Terms or the representations, warranties and covenants made by you herein, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

5.25. Choice of Law and Forum; Waiver of Jury Trial.
These terms are governed by the law of the state of Delaware, without giving any effect to any conflict of law principles. If a dispute arises between you and us, then we shall try to reach an amicable settlement. If an amicable settlement is not reached, then we must attempt to settle the dispute by participating in nonbinding mediation in the state of ###. You irrevocably agree that any cause of action you may submit in connection with your use of the Site or pursuant to these Terms will be filed within 1 year after the incident upon which your claim is based first occurred. The county of ### in the state of ### will be the exclusive forum and venue for any legal dispute between you and us. You agree to waive, to the fullest extent permitted by law, trial by jury of all claims arising out of or relating to these Terms. The prevailing party in any suit or other action arising out of or related to these Terms is entitled to recover its reasonable fees, costs, and expenses relating to the action, including reasonable attorneys' fees, expenses and disbursements.



Copyright Policy

You acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of BVR. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

This Site and all content on the Site are protected by copyright as a collective work and/or compilation, pursuant to applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site for other than for your personal, noncommercial use (other than in accordance with a valid subscription) is expressly prohibited without prior written permission from us.

As part of the rental inquiry process, for your own personal, noncommercial use and not for further distribution, you may download, display, and/or print one copy of any portion of the Site. You may not modify the same, and you must reproduce our copyright notice in the form displayed on the relevant portion(s) of the Site that you desire to download, display or print.

We respect the intellectual property rights of others, and BVR does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. BVR will terminate, in appropriate circumstances, a user who is the source of infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please send a written notification of such infringement to us at: Bid Vacation Rental, LLC, Attention Legal Department, ### Address.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the BVR Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the BVR Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

7.1. Scope
This Privacy Policy describes how we handle your personal information for our services on the BVR Site. It applies generally to the BVR Site and content and other related websites where this policy appears in the footer of the page. The policy that applies on any of our domains or subdomains is always the policy that appears in the footer of each website.

Our subsidiaries’ and joint ventures’ privacy practices are similar to those described in this Privacy Policy. Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices. By accepting the Privacy Policy and the Terms and Conditions in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective on March 15, 2011.

7.2. Collection
You can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.

We may collect and store the following personal information:

• email address, physical contact information, and (depending on the service used) sometimes financial information, such as credit card or bank account numbers;

• transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account);

• shipping, billing and other information you provide to purchase or ship an item;

• community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;

• other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

• additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies (for example, we may ask you to send us an ID or bill to verify your address, or to answer additional questions online to help verify your identity or ownership of a property you list);

• information from other companies, such as demographic and navigation data; and

• other supplemental information from third parties (for example, if you incur a debt to BVR, we will generally conduct a credit check by obtaining additional information about you from a credit bureau, as permitted by law).


7.3. Marketing
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customization programs, simply indicate your preference in your BVR online account or by following the directions provided with the communication or advertisement.

7.4. Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

• provide the services and customer support you request;

• resolve disputes, collect fees, and troubleshoot problems;

• shipping, billing and other information you provide to purchase or ship an item;

• prevent potentially prohibited or illegal activities, and enforce these Terms;

• customize, measure and improve our services, content and advertising;

• tell you about our services and those of our corporate family, targeted marketing, service updates, and promotional offers based on your communication preferences; and

• compare information for accuracy, and verify it with third parties.


7.5. Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.

• Members of the BVR corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services.

• Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs and co-branded credit cards).

• Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).

• Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity. In such events, we will disclose information relevant to the investigation, such as name, city, state, zip code, telephone number, email address, User ID history, IP address, fraud complaints, and bidding and listing history.

• Other business entities, should we plan to merge with or be acquired by that business entity. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.)

Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.



7.6. Information You Share on BVR
Your User ID is displayed throughout BVR (and so available to the public), and is connected to all of your BVR activity. Other people can see your bids, rates, properties for rent, feedback, ratings and associated comments. Notices sent to other BVR users about suspicious activity and policy violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your eBay activities.

If you access our sites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from BVR, may also be visible to other individuals who use the computer after you.

7.7. Using Information from BVR
BVR enables you to share personal and financial information to complete transactions. We encourage you to disclose your privacy practices and respect the privacy of other users. We cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. To help protect your privacy, we allow only limited access to other users' contact, mailing and financial information to facilitate your transactions. When users are involved in a transaction, they may have access to each other's name, User ID, email address and other contact and mailing information. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.

You agree to use user information only for:

• BVR transaction-related purposes that are not unsolicited commercial messages;
• using services offered through BVR (such as reservations and fraud complaints), or
• other purposes that a user expressly chooses.

7.8. Cookies
We use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety.

A few important things you should know about cookies are that:

• We offer certain features that are available only through the use of cookies.

• We use cookies to help identify you and maintain your signed-in status.

• Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session.

• You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our sites or services.

• You may encounter cookies from third parties on certain pages of the sites that we do not control. (For example, if you view a web page created by another user, there may be a cookie placed by that web page.)

7.9. No Spam, Spyware or Spoofing
We and our users do not tolerate spam. Make sure to set your BVR communication preferences so we communicate to you as you prefer. You are not licensed to add other BVR users, even a user who has rented a property from or to you, to your mailing list (email or physical mail) without their express consent. To report BVR-related spam or spoof emails to BVR, please forward the email to ###@bidvacationrental.com. You may not use our communication tools to send spam or otherwise send content that would violate our Terms and Conditions. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses.

7.10. Account Protection
Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your BVR password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify BVR and change your password.

7.11. Accessing, Reviewing and Changing Your Personal Information
You can see, review and change most of your personal information by signing on to your BVR online account. Generally, we will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate. Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our BVR Terms and Conditions, and take other actions otherwise permitted by law.

7.12. Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private.

7.13. Third Parties
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are Renters, Property Representatives, or users of our Site or other sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. BVR does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.

7.14. Amendments
We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect on the day they are initially posted on the site.